Legal Opinion

Commonwealth v. Franks

Massachusetts Supreme Judicial Court

Decided June 8, 1971PublishedCited by 33 opinions

1Opinion of the CourtTauro, C.J.

The defendant appeals from a conviction on an indictment charging him with raping a female child on June 16, 1969. Shortly after the alleged incident the victim described her assailant to the police and was taken to the Boston City Hospital. The sole issue presented involves the admissibility of hospital records under G. L. c. 233, §79.

At the trial, the fifteen year old victim made an in-court identification of the defendant and described the details of the rape. Defence counsel stipulated that the records came from the Boston City Hospital. However, he objected to their admission on the…

2Cases cited13 opinions

  1. Dutton v. EvansSupreme Court of the United States · 1970
  2. Wheeler v. United StatesCourt of Appeals for the D.C. Circuit · 1954
  3. Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
  4. Joseph E. Thomas v. Ruth A. Martin HoganCourt of Appeals for the Fourth Circuit · 1962
  5. Wadsworth v. Boston Gas Co.Massachusetts Supreme Judicial Court · 1967

8 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Commonwealth v. RembiszewskiMassachusetts Supreme Judicial Court · 1973
  2. Commonwealth v. FranksMassachusetts Supreme Judicial Court · 1974
  3. Commonwealth v. DiMonteMassachusetts Supreme Judicial Court · 1998
  4. Commonwealth v. ConcepcionMassachusetts Supreme Judicial Court · 1972
  5. Commonwealth v. DargonMassachusetts Supreme Judicial Court · 2010

28 more not listed; retrieve them via the Exa API.

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